Section 106 in the Vale of Glamorgan Charlotte Pugh Senior - PowerPoint PPT Presentation

Section 106 in the Vale of Glamorgan Charlotte Pugh Senior Planner, Development Contributions Telephone: 01446 704662 Email: clpugh@valeofglamorgan.gov.uk www.valeofglamorgan.gov.uk/planning

Introduction • What is Section 106? • Types of Planning Obligations • Planning Policy Context • How is a Section 106 Agreement negotiated? • Development Viability • Section 106 Protocol for Implementation • Section 106 in 2016/17 • Community Infrastructure Levy

What is Section 106? New development can have an impact on  existing community infrastructure. Section 106 agreements are legally binding  agreements entered into between a local authority, a landowner and a developer to secure planning obligations. Planning obligations require developers to  provide works, services or financial contributions to enhance the quality of their development, and to help mitigate the impacts that arise as a consequence it. The Vale of Glamorgan has amongst the  highest house prices in Wales, which generates significant land values from which section 106 contributions can be sought by the Council.

What is Section 106? The Council may enter into a planning obligation with a developer to: • Restrict development or use of land; • Require operations or activities to be carried out in, on, under or over land; • Require land to be used in a specified way; or • Require payments to be made to the authority either in a single sum or periodically.

Limitations to Section 106 • A planning obligation may only legally constitute a reason for granting planning permission if it is: (a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development. Regulation 122, Community Infrastructure Levy Regulations (2010) (as amended) ▫ • S106 Agreements usually stipulate that the Contribution has to be spent within 5 years , following receipt (10years for affordable housing). • S106 financial contributions can only be used to mitigate the impacts of a new development; to create provision for future occupiers of the new development. Therefore, s106 contributions can only be spent in the area where the development has occurred . The only exception to this would be affordable housing (a number of contributions pooled together to support a strategic scheme), and for educational facilities, where the catchment area for a school may be borough wide.

Types of Planning Obligations • Affordable housing • Education • Community facilities • Sustainable transport • Off-site highway works • Public open space • Public art • Training and development

Types of Planning Obligations Planning contributions can be secured as follows: 1. In Kind Contributions – The developer carries out required works directly on site, such as the provision of children’s play area and affordable housing. 2. On Site / Off Site Financial Contributions – The developer contributes financially towards the provision of measures that would mitigate the detrimental impacts of development such as improved public transport, pedestrian access and traffic calming measures. 3. Maintenance Contributions – The developer contributes financially towards the physical upkeep of facilities that they have funded or provided such as open spaces. 4. Pooled Contributions – The Council may seek to pool contributions (restricted if five or more separate planning obligations already exist for a specific single infrastructure project) in order to address the wider impacts across developments such as the provision of large scale road improvements, new schools and community facilities.

Financial Contributions and Definitions • Affordable housing - housing where there are secure mechanisms in place to ensure that it is accessible to those who cannot afford housing at open market values - Social Rented Housing and Intermediate Housing • Education - to provide or enhance nursery, primary and secondary educational facilities likely to be used by future occupiers of the Development • Community facilities - means facilities or services within the vicinity of the site, which meet local community needs and are publicly available • Sustainable transport - means information, facilities or infrastructure which provides or improves access for pedestrians, cyclists, public transport users, motor cycles, taxis or car shares in the vicinity of the Site. • Public open space - means land laid out as public garden, or used for the purpose of public recreation, or open space of public value including land or areas of water which offer opportunities for sport, recreation and tourism and children’s playgrounds

Planning Policy Context Relevant Legislation • Section 106 of the Town and Country Planning Act 1990 as amended by Section 12 of the Planning • and Compensation Act (1991) • Community Infrastructure Levy Regulations 2010 (as amended) National Planning Policy • Planning Policy Wales (November 2016) • Technical Advice Notes Local Planning Policy • The Vale of Glamorgan Adopted Local Development Plan (2011-2026) • Planning Obligations Supplementary Planning Guidance (2017) • Affordable Housing Supplementary Planning Guidance (2017)

LDP Policy MD4 Community Infrastructure & Planning Obligations ‘Where appropriate, and having regard to development viability, the Council will seek to secure new and improved community infrastructure, facilities and services appropriate to the scale, type and location of proposed developments through the use of planning. Community infrastructure may include the provision or improvement of: 1. Affordable housing; 2. Education facilities; 3. Transport infrastructure and services for pedestrians, cyclists, public transport and vehicular traffic; 4. Public open space, public art, leisure, sport and recreational facilities; 5. Community facilities; 6. Healthcare facilities; 7. Service and utilities infrastructure; 8. Environmental protection and enhancement such as nature conservation, flood prevention, town centre regeneration, pollution management or historic renovation; 9. Recycling and waste facilities; and 10. Employment opportunities and complementary facilities including training.’

Supplementary Planning Guidance: Planning Obligations • The adopted SPG provides clarification of where, what, when and how planning obligations will be sought, in order to assist the Council in creating sustainable communities that provide social, economic, and environmental benefits. • The SPG seeks to ensure that a consistent approach to site assessment and requirements for planning obligations is taken. • This SPG forms the basis of negotiations between all parties and it represents a material consideration in the determination of relevant planning applications and appeals.

Type of Obligation Residential Commercial Formula development Development threshold Threshold *Affordable Housing in Net gain of 5 - 30% on site Barry dwellings *Affordable Housing in Net gain of 5 - 35% on site Llanwit Major, Rhoose dwellings and St Athan *Affordable Housing in Net gain of 1 - 40% on site unless otherwise agreed the rest of the Vale of dwelling** Glamorgan Sustainable Transport 10 1000sqm floor £2300/dwelling or £2300/100sqm floor space / 1ha site space Education 10 - Contributions per dwelling (depending on available capacity in local schools) Nursery = £1,8255 Primary = £5,073 Secondary = £5,720 Post 16 = £1,193 Total = £13,811 Training and - 1000sqm floor one trainee (£1255) per 500sqm of new Development space / 1ha site floor space Community Facilities 25 - 0.74sqm of community floor space per dwelling = a financial contribution of £1260 per dwelling Public Open Space 5 1000sqm floor 2.4 ha per 1000 population = 55.68m 2 **Applications for space / 1ha site per dwelling or the conversion of £1150 per person = £2,668 per dwelling an existing building, will only Public Art 10 1000sqm floor 1% of Build Costs be triggered upon space / 1ha site the development of 2 or more residential units.

How is a Section 106 Agreement negotiated? 1. Pre application discussion - Case Officer, s106 officer and relevant service area raise potential planning obligations if applicable, at an early stage. 2. Planning application received. 3. Initially assessed for s106 implications by case officer and s106 officer and relevant service areas consulted. 4. Case Officer reviews planning submissions and visits the site, to consider what site specific requirements may be necessary. 5. Case Officer to review comments received from service areas. 6. Negotiation with the developer/land owner to secure the planning obligations. 7. Assessment of any viability assessments either in-house or by the District Valuer Services. 8. Planning Application report considered via delegation or by Planning Committee including details of the agreed Section 106 Planning Obligations. S106 Officer instructs Legal Services to draft legal agreement and this is checked by all parties. 9. Section 106 Agreement signed and entered onto monitoring database. Planning consent and decision notice issued.